Mistrial delays hearing in fatal dog attack on Calgary senior
A court hearing into a dog attack that claimed the life of a Calgary senior in 2022 has been delayed due to a mistrial in the case.
On March 27, a Dangerous Dog Act hearing related to the fatal mauling of Betty Ann Williams, was scheduled to begin, but was delayed after Justice F.A. Day recused himself from the case.
City lawyers say Day declared a mistrial in the case, which was supposed to decide the fate of two of the three dogs involved in the attack, after it was revealed he “reviewed material on the court file which was not evidence before the court in the hearing.”
On June 5, 2022, emergency crews responded to a dog attack in a back alley in the 1500 block of 21 Avenue N.W.
When they arrived, they found 86-year-old Williams, also known as Rusty, suffering from critical injuries.
She was taken to hospital, but ultimately died.
Denis Bagaric, the owner of the three dogs involved in the attack, was charged with 12 offences under Calgary’s Responsible Pet Ownership Bylaw a month later.
One dog euthanized
On Feb. 21, Bagaric admitted to one count of allowing an animal to attack a person and cause severe injury and one count of allowing animals to run at large.
The court heard that his three dogs, Bossii, Cinnamon and Smoki – all American Staffordshires – broke free of their yard and attacked Williams.
At that hearing, Bagaric signed off on an order to euthanize Smoki, the dog believed to have caused the severe injuries that led to Williams’ death.
The dog was euthanized immediately after the court proceedings, but Bossii and Cinnamon remain in bylaw custody until the Dangerous Dog Act hearing can be completed.
Betty Ann Williams, 86, died in hospital after she was attacked by three dogs in an alleyway along 21st Avenue N.W. on June 5, 2022. (File)
‘Cried with such sadness’
Williams’ family said that even with the mistrial, the guilty verdict against Bagaric should still speak for the tragic death.
Susan Hall, Williams’ niece says she hopes the evidence is still “strong enough” for the remaining two dogs to be put down.
“I’m an animal person, but like I said in my statement, ‘they crossed the line from being pets to being threats,'” she said in an email.
Hall also shared her victim impact statement with CTV News, which was presented during Bagaric’s hearing.
In it, she wrote of the shock she felt when she learned of her aunt’s death.
“I felt extremely sad knowing that she was gone so suddenly and tragically. I cried with such sadness; remembering the last time we spoke and laughed.
“Throughout the past 15 months after learning of my aunt’s unusual death, I have gone through stages of anger, denial, acceptance, while still having to live, provide support to other family members and with honour, took on my responsibility, to carry out the final arrangements for her estate.
“At times the weight of grief and responsibility has been a crushing weight on my shoulders.”
Hall said Bagaric has not made any attempt to offer her family any condolences or remorse for the brutal attack.
“My emotional scars from this will never go away as they will always be in the forefront when I remember her.”
CTV News has reached out to the City of Calgary for a date on when the Dangerous Dog Act hearing will resume.
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